PR card expired in 2018

[sher_singh]

Hi, I am enquiring on behalf of somebody;

The person's PR card was expired in 2018, Within his first 5 years the person only stayed for 1 month in Canada after landing and then he had to move back to his home country due to his sick parents as he was the only one to take care of them backhome. Due to this reason he stayed there with them the whole time and his PR card got expired. He didn't lodged any application to renew his PR then. Recently he lost his parents due to sickness. So based upon his situation Is it possible for him to get his PR status back, If so then what would be the best way or any process?

Thanks.

 

[Buletruck]

They can either apply for a PRTD and include humanitarian grounds (parents illness) with the application or enter from the US at a land crossing. No guarantee that the humanitarian grounds would be accepted or that they wouldn’t be reported at the border.

 

[sher_singh]

They can either apply for a PRTD and include humanitarian grounds (parents illness) with the application or enter from the US at a land crossing. No guarantee that the humanitarian grounds would be accepted or that they wouldn’t be reported at the border.

hey, thanks for your reply. So, when you said enter through the US side at land crossing, I assume the person should have a US visa, right? but if he doesn't have US visa?

what's the meaning of the person wouldn't be reported at the border??

thanks

 

[Buletruck]

hey, thanks for your reply. So, when you said enter through the US side at land crossing, I assume the person should have a US visa, right? but if he doesn't have US visa?

what's the meaning of the person wouldn't be reported at the border??

thanks

Yes, in order to cross from the US, they would need a US visa. If they don’t have or can’t get one, a PRTD is the only option.
PRs on entry to Canada are assessed on residency obligation (living in Canada 2 years out of 5). As they have only only been present in Canada for 1 month in approximately 8 years, there is a significant chance that on entry CBSA would report them for failing to meet residency obligation. If they do, their only option would be to appeal or loose their PR.

 

[sher_singh]

Yes, in order to cross from the US, they would need a US visa. If they don’t have or can’t get one, a PRTD is the only option.
PRs on entry to Canada are assessed on residency obligation (living in Canada 2 years out of 5). As they have only only been present in Canada for 1 month in approximately 8 years, there is a significant chance that on entry CBSA would report them for failing to meet residency obligation. If they do, their only option would be to appeal or loose their PR.

thanks for your valuable input! I'll let the person know about these options, I think better is to apply for PRTD with humanitarian grounds with reasons first, Can he apply this in Canadian consulate in his home country?

 

[steaky]

thanks for your valuable input! I'll let the person know about these options, I think better is to apply for PRTD with humanitarian grounds with reasons first, Can he apply this in Canadian consulate in his home country?

As some Canadian consulate does not accept walk-in, he might have to use the services of visa application centres and have them to deliver his application to the consulate.

 

[lossada]

Hi, I am enquiring on behalf of somebody;

The person's PR card was expired in 2018, Within his first 5 years the person only stayed for 1 month in Canada after landing and then he had to move back to his home country due to his sick parents as he was the only one to take care of them backhome. Due to this reason he stayed there with them the whole time and his PR card got expired. He didn't lodged any application to renew his PR then. Recently he lost his parents due to sickness. So based upon his situation Is it possible for him to get his PR status back, If so then what would be the best way or any process?

Thanks.

sorry for you're enquiring on behalf of somebody.
4 year means, no way back.

 

[Moeyasser]

good luck but there is no valid reasons for 9 years of absence. If he didn’t value Canada in 2013 ? Why does he want to come back ?

he could have sponsored his parents. Very shady story to be honest.

 

[Buletruck]

sorry for you're enquiring on behalf of somebody.
4 year means, no way back.

Fundamentally wrong information.

good luck but there is no valid reasons for 9 years of absence. If he didn’t value Canada in 2013 ? Why does he want to come back ?

he could have sponsored his parents. Very shady story to be honest.

Lots of valid reasons, and as you aren’t aware of what those reasons might be, again a fundamentally incorrect statement.

 

[Moeyasser]

Okay sure

Fundamentally wrong information.



Lots of valid reasons, and as you aren’t aware of what those reasons might be, again a fundamentally incorrect statement.

Yes, this is why he will have to go to court to prove the valid reasons you think exists. Valid reasons don’t need courts to prove them. Anyways, good luck in this journey.

 

[mpsqra]

Hi, I am enquiring on behalf of somebody;

The person's PR card was expired in 2018, Within his first 5 years the person only stayed for 1 month in Canada after landing and then he had to move back to his home country due to his sick parents as he was the only one to take care of them backhome. Due to this reason he stayed there with them the whole time and his PR card got expired. He didn't lodged any application to renew his PR then. Recently he lost his parents due to sickness. So based upon his situation Is it possible for him to get his PR status back, If so then what would be the best way or any process?

Thanks.

9 year out of Canada, mon dieu,,,
@Buletruck, What do you suggest after 9 years of absence, H&R, then? 4 years out of Canada again,,,

 

[Naheulbeuck]

9 year out of Canada, mon dieu,,,
@Buletruck, What do you suggest after 9 years of absence, H&R, then? 4 years out of Canada again,,,

Also I do agree that 9 years make it quite a bit harder, saying that there is just no circumstances under which a person would qualify for H&C reasons is most likely wrong. The leeway afforded to IRCC is quite significant and we know that some circumstances tend to provide stronger cases, for example I could see a situation where after initial settlement, a PR who is the only child (or a PR and the spouse, both only children) become aware of significant health concerns that require them to be there to take care of their parents. If one parent become sick after the other or just survive longer than expected and that very soon after the situation gets resolved (for example death of said parents) the PR attempts to return to Canada but is further delayed by COVID, that could add up to quite a few years with reasons that would most likely be at least considered. If all those were properly documented I would argue that it is probably not that terrible of a case.

This is just one scenario, granted the more years, the fewer ties to Canada, the harder the case but that does not mean it is best to right away give up, since the OP did not disclose much about why he had to stay out of Canada for that duration, again, it is more likely that it is an uphill battle, but still something that they need to consider depending on their particular situation.

Furthermore there is plenty of scenarios where he could NOT sponsor his parents/+his inlaws (health, income requirements and Lottery limbo to name a few.

Hence Buletruck's reply.

 

[armoured]

Also I do agree that 9 years make it quite a bit harder, saying that there is just no circumstances under which a person would qualify for H&C reasons is most likely wrong.
...
Hence Buletruck's reply.

That's how I interpreted Buletruck's statement as well - it might be VERY hard to put forward a convincing case, but up to IRCC.

Perhaps worth noting that to prepare for the possibility PRTD is refused, the individual should look at possibilty of re-applying under express entry (for example) or other streams and see if that may be realistic.

 

[sher_singh]

Also I do agree that 9 years make it quite a bit harder, saying that there is just no circumstances under which a person would qualify for H&C reasons is most likely wrong. The leeway afforded to IRCC is quite significant and we know that some circumstances tend to provide stronger cases, for example I could see a situation where after initial settlement, a PR who is the only child (or a PR and the spouse, both only children) become aware of significant health concerns that require them to be there to take care of their parents. If one parent become sick after the other or just survive longer than expected and that very soon after the situation gets resolved (for example death of said parents) the PR attempts to return to Canada but is further delayed by COVID, that could add up to quite a few years with reasons that would most likely be at least considered. If all those were properly documented I would argue that it is probably not that terrible of a case.

This is just one scenario, granted the more years, the fewer ties to Canada, the harder the case but that does not mean it is best to right away give up, since the OP did not disclose much about why he had to stay out of Canada for that duration, again, it is more likely that it is an uphill battle, but still something that they need to consider depending on their particular situation.

Furthermore there is plenty of scenarios where he could NOT sponsor his parents/+his inlaws (health, income requirements and Lottery limbo to name a few.

Hence Buletruck's reply.

I appreciate your analytical and logical thinking that makes you different from others and exactly he was in the same situation, he was the only child of his parents, who came to canada for better future just like us all, but things didn't go well for him due to his parents ongoing health issues, it could be easier for his parents to say don't worry about them but he gave importance to his parents to be with them instead of being mean. Sadly he lost his parents due to their prolonged sickness one after another. This might be shady story for some as per their lack of understanding but this is life, hope none of us has to go through this kind of difficult time. Atleast he has some options whether he wants to try them out or not or start from the beginning is totally upto him. But I appreciate all your inputs even though they were negative too.

 

[Anshul2012]

That's how I interpreted Buletruck's statement as well - it might be VERY hard to put forward a convincing case, but up to IRCC.

Perhaps worth noting that to prepare for the possibility PRTD is refused, the individual should look at possibilty of re-applying under express entry (for example) or other streams and see if that may be realistic.

Hi - If person wants to reapply PR via express entry (favourable chances 470+ score based on his prior Canadian exp) - he should officially renounce PR first or it will automatically be cancelled at time of new express entry processing?

If he shud renounce PR first - what is the quickest way to renounce PR - apply PRTD in other country OR fill renounce PR application or mail to CIC IRCC about new PR application?